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to be looked at seriously. >> judge jeanine: the obama administration has indicated they are going through the public safety exception but you all indications are that they want to prosecute this guy in the federal court. having said that when the police came out and said that, you know, this is no longer a danger here. haven't they in essence destroyed the public safety exception by saying everything is okay, everybody can come out, all is well? >> here is the problem. they made that statement and then about ten minutes later they engaged the defendant. the accused. so all was not wl. and i understand the police were making the best effort. i think they did a heroic and fantastic job. i'm not sure that wou be dispositive. i think the whole idea of mirandizing this individual is a mistake from the get go. i have done a lot of work with the justice department, worked with treasury. i hate that they are going down this route but looks like that is the road they go down. >> judge jeanine: it does seem that they will go through the federal criminal justice system. having said that is there so
discussion that the blind sheik, whose picture is up on the screen now, might be freed by the obama administration, that president morsi in egypt that seemed to infuriate you some what and you wrote an article, "will obama free the blind sheik?" now if you think about this, in this case, if the death penalty is not sought, are you concerned that some president down the road could ignore the issue of a life sentence imposed by a federal judge and just send the terrorist off somewhere? >> on this guy, tsarnaev? >> right. >> no, i'm not concerned about that. he's very different from the sheik. concerned about that. a sheikh is a highly symbolic figure among muslims. he was and still is widely respected as a muslim scholar, and regarded as an authority. he's a big deal. this guy is a mutt. >> so you're not worried about that? >> no. >> finally the death penalty, if he is charged with those crimes that he clearly can be, he's eligible for the death penalty? >> absolutely. >> do you think that this >> do you think this just disat the present time -- justice department will seek it? >> i h
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